COMMONWEALTH OF MASSACHUSETTS

DIVISION OF ADMINISTRATIVE LAW APPEALS

BUREAU OF SPECIAL EDUCATION APPEALS

Statistics FY 2012

The following is a summary of Bureau of Special Education Appeals (BSEA) data for fiscal year 2012 (covering the period July 1, 2011 through June 30, 2012).

Rejected Individualized Education Programs

During FY 2012, the BSEA received 8,460 rejected IEPs, an increase of 112 rejected IEPs from the past fiscal year.

Mediation

There were approximately 917 mediations concerning special education and Section 504 matters conducted by seven BSEA mediators during FY 2012.

This figure represents an increase of 108 mediations from the 809 conducted during the prior fiscal year.

Approximately 86% (85.56%) of the mediations resulted in written agreements.

Hearings

There were 582 hearing requests received by the BSEA during FY 2012 (representing a slight increase from the 545 requests in the prior year). The vast majority of these hearing requests were resolved prior to proceeding to the formal hearing, or subsequent to the commencement of the hearing but prior to concluding the process.

The seven (six full time equivalent) BSEA hearing officers conducted full hearings resulting in 52 decisions

In addition to the 52 decisions, at least 23 substantive written rulings were issued.

Prevailing Party

Of the 52 decisions noted above, parents fully prevailed in 13 (25%), school districts fully prevailed in 26 (50%), and 13 decisions (25%) comprised LEA assignments, other agency involvement, or mixed relief.

Representation

Statistics with respect to outcome in relation to representation are as follows:

Of the 13 cases in which parents fully prevailed:

parents were represented by counsel in 7, by lay advocates in 2 and appeared pro se in 4;

 the school district was represented by counsel in all matters.

Of the 26 cases in which school districts fully prevailed:

the school district was represented by counsel in all matters;

parents appeared pro se in 14, were represented by counsel in 8 and by lay advocates in 4.